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Slip and Fall Lawyer in Attleboro, MA

Attleboro, MA Slip and Fall Accident Lawyers
Attleboro, MA Slip and Fall Accident Lawyers

Were you or a loved one injured after a slip and fall accident in Attleboro, MA? You are not alone. Every year, millions of people suffer injuries as a result of slip and fall accidents. The Centers for Disease Control and Prevention (CDC) reports that 800,000 people are hospitalized every year as a result of falling.

If your injuries were the result of someone else’s careless actions, they should be held responsible for your damages. The team at Kelly & Associates Injury Lawyers is here to stand up for your rights and to help you pursue compensation for the fullest extent of your injuries. Call today at (800) LAW-GUYS for a free, no-obligation consultation.

Typical Injuries Slip and Fall Accidents in Attleboro, MA

There are a wide variety of injuries that can be sustained as a result of a slip and fall. The CDC reports that one out of five falls causes a serious injury, including head injuries or broken bones. While this list is not exhaustive, some of the more common injuries from slip and fall accidents include:

  • Head injuries: Falls are the most common cause of traumatic brain injury (TBI). TBI could be just a minor concussion or could result in a severe injury that causes changes in mood, cognitive impairment, or other symptoms of brain damage.
  • Hip fractures: More than 95 percent of hip fractures happen as a result of falling. A hip fracture typically requires hospitalization and surgery as well as an extensive recovery period with bed rest.
  • Back and spinal cord injuries: Slip and fall accidents often result in slipped or herniated discs or fractured vertebrae. These can lead to mobility problems, chronic pain, or paralysis.
  • Shoulder injuries: This type of accident may result in shoulder dislocation, which must be treated with surgery and physical therapy.
  • Sprains and fractures: Twisted knees, sprained ankles, and broken bones can take a long time to heal and result in time spent away from work.

Wrongful Death

If you have lost a family member because of a slip and fall, you may be entitled to recover additional damages for your loss. Some of the damages that the families of victims can pursue include:

  • Medical expenses
  • Funeral costs
  • Loss of companionship
  • Loss of wages and benefits from the deceased
  • Loss of protection and support from the deceased
  • Pain and suffering

If you have lost a family member after a slip and fall accident, contact Kelly & Associates Injury Lawyers today at (800) LAW-GUYS. Our compassionate team is here to help you navigate the painful process of recovering damages after the loss of a loved one.

Damages You May Recover After a Slip and Fall Accident

While damages will vary based on the details of your case, some of the damages that the victims of slip and fall accidents are often able to recover include:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Mental anxiety
  • Cost of future medical treatments
  • Future wages if you cannot return to work

You and your family do not need to be responsible for these costs. If someone else’s careless actions led to your accident, you have the right to pursue compensation for your losses.

Establishing Liability in Your Slip and Fall Case

A slip and fall accident can occur at any time, from your place of employment to the grocery store. The ability to recover damages after a slip and fall accident in Attleboro, MA, hinges on your ability to establish liability.

There are some basic guidelines that are considered when establishing liability in a slip and fall case:

  • Was the owner of the property aware of the dangerous surface?
  • Did the owner cause the surface to be dangerous through inaction or lack of appropriate maintenance?
  • Would a reasonable person have known that the surface was dangerous and taken action to remove the danger?
  • Did the owner post signs or take other proactive measures to warn guests of the hazard?

For a free evaluation of your case, and to learn more about options you have available, contact Kelly & Associates Injury Lawyers at (800) LAW-GUYS.

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CAUSES OF TRIP AND FALL ACCIDENTS

Trip-and-fall accidents occur when your foot or leg strikes or catches on an obstruction, causing you to lose your balance.

The common causes of trip and fall accidents include:

  • Torn or wrinkled carpet
  • Uneven steps
  • Raised threshold
  • Poor lighting
  • Debris or clutter in walkways
  • Uncovered cables or wires
  • File drawers being left open
  • Obstructed view
  • Broken sidewalks
  • Potholes in parking lots

TYPES OF SLIP AND FALL INJURIES

BROKEN BONES

A fracture is a broken bone. You may experience a broken foot, broken ankle, fractured hip, broken wrist or other broken bone in a slip and fall accident. A serious bone fracture can cause time off work, reduced mobility and months of medical treatment.

Symptoms of broken bones include:

  • Intense, throbbing pain
  • Difficulty walking or moving the affected limb
  • Swelling
  • Bruising
  • Tenderness

BACK AND NECK INJURIES

A fracture is a broken bone. You may experience a broken foot, broken ankle, fractured hip, broken wrist or other broken bone in a slip and fall accident. A serious bone fracture can cause time off work, reduced mobility and months of medical treatment.

Symptoms of broken bones include:

  • Neck pain
  • Worsening pain with movement
  • Stiffness
  • Loss of range of motion
  • Tenderness or pain in the upper back or shoulders

TRAUMATIC BRAIN INJURIES

Falls are the most common cause of traumatic brain injuries. Brain injuries may be mild, moderate or severe. Symptoms of TBI include:

  • Loss of consciousness
  • Disorientation, confusion
  • Slurred speech
  • Dilation of one or both pupils
  • Nausea or vomiting
  • A headache that worsens
  • Seizures
  • Weakness or numbness in fingers and toes
  • Inability to awaken from sleep
  • Coma

PROVING FAULT IN SLIP AND FALL CASES

Massachusetts imposes certain legal duties on property owners and business owners that rent properties. Both homeowners and business owners have a duty to all lawful visitors to keep the property in reasonably safe condition to prevent falls and other accidents. When a property is not adequately maintained or does not have warning signs of dangers, accidents can cause costly injuries. In some instance, a company contracted to maintain a property or remove snow and ice may also be liable.

WHAT IS THE STATUTE OF LIMITATIONS ON SLIP AND FALL CLAIMS?

Time Limits to file a claim: The ‘Statute of Limitations’, any lawsuit arising from an accident or injury must be filed within a certain time limit or the injured person’s legal claim will be barred and his or her right to sue a property owner will be lost forever.

The Massachusetts General Law, Chapter 260, Section 2A provides a finite window of time to research and file premise liability claims. We have at most three years so it is imperative we start the process as soon as possible. Preserving evidence that could increase the success of your case such as security footage, gathering witness statements and collecting photos of evidence are just a few items that need to be completed in the first few days or weeks so they are not lost.

DID THE PROPERTY OWNER KNOW ABOUT THE DANGER AND NEGLECT TO FIX IT?

If a slip and fall lawyer in Boston can show that the property owner was aware or should have known of the unsafe condition and failed to fix it or post an adequate warning, then the property owner may be held liable for the injuries caused.

SLIP, TRIP AND FALL INJURY OCCURRED ON COMMERCIAL PROPERTY

When our law firm is investigating premises liability accidents on commercial property in Boston, our premises liability attorneys look for prior accident reports of injuries occurring at the same location and surveillance camera tape that can help reveal how long a hazard has been present. This evidence can be used to show that the property owner should have been aware of the hazard and had time to correct it or post an adequate warning.

The owner of a commercial building like a department store or parking lot that has a code violation is liable for any injuries sustained as a result of the defective property condition. The failure of a building owner to inspect the property regularly and correct hazards may be the basis of a Massachusetts slip and fall injury claim.

Boston receives significant amounts of snow each year, which can create slippery conditions for accidents. A property owner or the person controlling the property is responsible for removing accumulations of ice and snow and keeping the property reasonably safe. In some instances, companies contracted for snow and ice removal may be liable if they failed to uphold their duty.

SLIPS, TRIPS AND FALLS ON GOVERNMENT PROPERTY

Slip and fall claims involving accidents on a publicly owned property are more complicated to pursue. The City of Boston, the Commonwealth of Massachusetts and the federal government are protected from serious injury lawsuits by sovereign immunity.

The Massachusetts Torts Claim Acts spells out the circumstances in which a civil lawsuit may be filed against the City of Boston or Commonwealth of Massachusetts, seeking compensation for injuries caused by negligence by a government or a government employee. You generally have to give notice to the government agency of a pending legal claim within a certain short period of time. These notification deadlines are often quite tight, making it important to contact a slip and fall attorney in Boston immediately to review your injury and offer guidance.

SLIP, TRIP AND FALL ACCIDENT OCCURRED ON PRIVATE PROPERTY

Homeowners and owners of private property have a legal duty to maintain their property in reasonably safe condition to prevent injuries to guests and visitors. Private property owners also have a duty to warn of dangers on the property. The extent of the duty of care that a private property owner owes depends on the status of the visitor that comes onto the property. For example, a private property owner would have a greater responsibility to ensure the safety of an invited guest than a trespasser. Private property owners also have an obligation to secure their property so that swimming pools and structures that would pose an attractive nuisance to children do not pose a hazard.

WHAT TO DO IF YOU WERE INVOLVED IN A SLIP AND FALL ACCIDENT

If you sustain an injury while on another person’s property, there are certain steps that you should take to ensure a successful Boston slip and fall lawsuit.

WHAT TO DO IF YOU WERE INVOLVED IN A SLIP AND FALL ACCIDENT

  • Seek medical attention for your injuries.
  • Use your phone camera to take photos of the condition that caused your fall.
  • Write down the names of witnesses to your fall.
  • Record the name of the supervisor or owner of the location of your fall.
  • Report the incident to the property owner, landlord or property manager.
  • Do not speak to the property owner’s insurance company until you have consulted a slip and fall attorney.

You should report the accident to the property manager or property owner. It is a good idea to follow with a certified letter to the property owner or property manager briefly describing the accident. Keep a copy of the letter. Informing the property owner promptly of your injury will strengthen your position if you eventually file a slip and fall claim.

According to MGL c. 84, Section 18-20, an injured person has to notify the property owner of the injury or damage from snow or ice on their premises within 30 days of the injuries occurred or they will forfeit the right to file a claim at all.

WHAT TO DO IF YOU WERE INVOLVED IN A SLIP AND FALL ACCIDENT

If you believe that your fall injury was preventable and was caused by someone else’s carelessness or disregard for safety, talk to a knowledgeable slip and fall lawyer in Boston who can evaluate the accident. Our premises liability attorneys at Kelly & Associates Injury Lawyers are experienced in handling slip and fall accident claims and trip and fall accident cases in Boston and the surrounding towns.

After a brief discussion with you regarding the facts and details surrounding your accident, we will be able to provide you a better idea concerning the likelihood of success of your Boston slip and fall lawsuit as well as the projected value of your case.

Read our blog post about Slip and Fall Accidents:

Avoid a Slip and Fall Injury this Winter